The advent of new technology in recent years, such as smart phones and digital tablets, has found a generation raised on such devices. But teenagers using this technology could be breaking the law — and not even know it.

Sexting, the sending of images or messages via cell phone that are sexual in nature, can come with serious consequences if not handled with proper discretion. Under the law, an 18-year-old male could be charged with possession of child pornography if a 16-year-old female sends him a nude image of herself, whether it be through a text message or another digital device.

“There is some criminal exposure there,” David Gibbons, the Fifth Judicial District prosecuting attorney, said. “Because the 16-year-old is less than 17, and that would be considered sexually explicit conduct. That’s a felony.”

Some might see this as an unfair application of the law, but Gibbons said he would consider all the factors before charging someone in this situation.

“Before we bring a charge, we’ll look at all the circumstances,” he said. “We’ll look at the vulnerability of the child and any criminal records. So yes, there’s a potential for criminal liability. Now whether they get charged or not, that looks at a myriad of factors.”

“I think that as long as prosecutors use their discretion, it’s all right,” he continued. “I haven’t given much thought if the law should be changed.”

Gibbons said if the person receiving the lewd text messages was under 18, he could also be charged as a juvenile. He also cautioned against sexting in general, no matter if criminal charges are brought or not.

“Regardless of whether there’s actual criminal exposure, it is absolutely ill-advised judgment for kids to do that,” he said. “It gets circulated around social media in a second, and it’s hard for kids to shake that once it’s out there.”

Gibbons said he has prosecuted a case similar to this situation before in Johnson County, but that the male in possession of the text messages was older.

“It wasn’t an 18-year-old. It was an older man in a position of authority,” he said. “And I prosecuted him.”

To prosecute someone of possession of child pornography, the prosecution must establish that the person knowingly possessed the pornography in question. In this case, a person couldn’t be charged by merely being sent a lewd text message by a minor — which could happen to anyone.

“If they keep it, [we could charge them],” Gibbons said. “The law requires that the person knowingly possess them. But we’re going to be cognizant of the circumstances. We’ll take in all the factors before we decide to bring felony charges.”